TERMS OF USE

RIT APPS SHOWCASE TERMS AND CONDITIONS OF USE

The RIT Apps Showcase is provided and maintained by the Rochester Institute of Technology (RIT), One Lomb Memorial Drive, Rochester, New York USA 14623.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO SUBMITTING YOUR APP FOR INCLUSION IN THE RIT APPS SHOWCASE. By submitting your app to RIT for inclusion in the RIT Apps Showcase, you signify your agreement to these Terms and Conditions. If you DO NOT agree to these Terms and Conditions, DO NOT submit your app to RIT for inclusion in the RIT Apps Showcase. RIT retains sole discretion in the determination to include any submitted app on the RIT Apps Showcase. RIT may modify these Terms and Conditions at anytime without prior notice to you.

GENERAL

You represent and warrant to RIT and agree that: (a) you are at least 18 years of age and have the right and authority to accept these Terms and Conditions; (b) All information provided by you to RIT is current, true, accurate and complete and that you will promptly notify RIT of any changes to such information; (c) you will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by you in connection with the development and submission of your app for inclusion in the RIT Apps Showcase; (d) you represent and warrant that you own or control the necessary rights in order to appoint RIT as your worldwide agent for the delivery of your app, and that the fulfillment of such appointment by RIT shall not violate or infringe the rights of any third party; and (e) you will not act in any manner which conflicts or interferes with any existing commitment or obligation you may have and no agreement previously entered into by you will interfere with your performance of your obligations under these Terms and Conditions.

You agree that acceptance of your App for inclusion in the RIT Apps Showcase shall not entitle you to any payment from RIT, nor shall it create any property interest in the RIT Apps Showcase or any commitment on the part of RIT to continue to include your App in the RIT Apps Showcase.

CONTENT AND MATERIALS

Any recordings and musical compositions embodied in your App must be wholly-owned by you or licensed to you on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties and/or sums by RIT to you or any third party. If your App includes or will include any other content, you must either own all such content or have permission from the content owner to use it in your App. Apps must not contain any obscene, pornographic, offensive or defamatory content or materials of any kind (text, graphics, images, photographs, etc.), or other content or materials that in RIT's sole judgment may be found objectionable by users and/or visitors to RIT Apps Showcase. Apps must not contain any malware, malicious or harmful code, program, or other internal component which could damage, destroy, or adversely affect other software, firmware, hardware, data, systems, services, or networks.

REVOCATION

You understand and agree that RIT may remove your App(s) from the RIT Apps Showcase at any time for any reason with or without notice to you. In the event your App is removed from the RIT Apps Showcase, you agree that you will have no recourse against RIT for any claims or damages that you have, or may have, at the time of your App’s removal or at any time in the future.

INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend and hold harmless RIT, its trustees, officers, employees, independent contractors and agents (“Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) based on any legal theory ("Losses") incurred by an Indemnified Party as a result of: your breach of these Terms and Conditions; a breach of any, representation or warranty made by you in these Terms and Conditions; any claims that your App, or the distribution of your App (whether alone or as an essential part of a combination), violate or infringe any third party intellectual property or proprietary rights; or any claims arising out of RIT's permitted use or inclusion of your App on the RIT Apps Showcase.

DISCLAIMERS AND LIMITATION OF LIABILITY

RIT may change, move or delete portions of, or may add to, the RIT Apps Showcase from time to time.

THE RIT APPS SHOWCASE AND ANY MATERIALS INCLUDED ON THAT SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. RIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS ON THE RIT APPS SHOWASE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, RIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RIT DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE RIT APPS SHOWCASE. RIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THE RIT APPS SHOWCASE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE RIT APPS SHOWCASE WILL BE AVAILABLE FOR USE AT ANY TIME, OR THAT THE RIT APPS SHOWCASE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT RIT) ASSUME THE ENTIRE COST OF SUBMITTING AND ALLOWING THE DISPLAY OF YOUR APP ON THE RIT APPS SHOWCASE AND ALL NECESSARY SERVICING, REPAIR AND CORRECTION TO YOUR APP AS A RESULT OF INCLUSION IN THE RIT APPS SHOWCASE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RIT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE RIT APPS SHOWCASE, EVEN IF RIT OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION

This Agreement is effective unless and until terminated by either you or RIT. You may terminate this Agreement at any time by requesting removal of your App from the RIT Apps Showcase. RIT may terminate this Agreement at any time and without notice, and remove your App from the RIT Apps Showcase, in RIT’s sole discretion for any reason, including your failure to comply with any term or provision of these Terms and Conditions.

SEVERABILITY

In the event that any provision of these Terms and Conditions are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

APPLICABLE LAW AND DISPUTE

These Terms and Conditions and all matters arising from it are governed by and construed in accordance with the laws of New York whose courts located in Monroe County shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be New York.

ENTIRE AGREEMENT

These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement between you and RIT relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between you and RIT in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these Terms and Conditions.